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    • Hi, yes they swapped over after a brief period when the bank were sending something over.
    • Fair enough. But I don't understand why they send these letters. Do people really get scared and end up paying them?
    • That's a blessed relief. They would have been withdrawn because, as I said, they have no evidence that you were driving. That comes from the responses to the requests for driver's details which you failed to send. The important thing is that the speeding charges were laid. That makes life much easier (and far more likely to see a successful outcome). You need to make your SD and serve it on the court where you were convicted. The next you should hear is by way of a "Single Justice Procedure Notice" laying the four charges against you again. You will have three options (for each charge): Plead Guilty and do not attend court Plead guilty and attend court Plead not guilty You must plead Not Guilty to all charges. In the section headed “reason for not guilty plea” you can state that you will offer to plead guilty to the speeding charging providing, and only providing, the FtP charges are dropped. This is a procedure well known to all court users (prosecutors, magistrates and their legal advisors) and is carried out up and down the land daily. I’ll refer to it as “the deal”. Before the pandemic it was necessary to attend court to undertake this deal and speak to the prosecutor (the agreement of the prosecutor is required as the court cannot accept it without that agreement).  However, during the pandemic courts aimed to reduce the numbers of people required to attend to an absolute minimum and most courts accepted a written request to do the deal. Local police prosecutors made an agreement with their courts that the magistrates’ legal advisors could accept the deal. In some areas this arrangement has carried on. In others they have reverted to the old process where attendance was required. So your offer of the “deal” with either be accepted in writing and dealt with under the Single Justice procedure or you may have to attend court. In either event it is important to emphasise that you will plead guilty to speeding only if the FtP charges are dropped.  There may be slight variations to the process depending on how the individual area works but there is no reason why this should not be successful.    
    • Yes thank you dx, my sentiments exactly.  We don't have access to his credit report to see the CCJ.  We were just told by the Estate Agency who he was trying to act as a guarantor for me.......  I can get a free one for a month I believe.  
    • I would say it's snotty letter time. You can do a search on CAG for examples of what other people have sent. Don't make it too polite. HB
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Some advice re: an interim charging order pls


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Just to add here, that over the last couple of days judges have received guidance from above that every step must be taken not to repossess homes, for those who are facing a charge hearing, a judge will ONLY listen to the facts on the charge, not to any sort of defence e.g. CCA,s excess charges, etc however if you have opposed the charging order by submitting to the court an N244 to get the CCJ set aside, I know for a fact that one cagger (i can't blooming well find the thread)....when he was faced with a charging order immediately applied to get the CCJ set aside, and the court was going to hear both at one hearing....

 

I think this cagger here is trying it too - http://www.consumeractiongroup.co.uk/forum/legal-issues/170506-charging-order-defence.html

 

If there is no time to do this then I would suggest that at a hearing you should show evidence such as a SAR request to show / tell the judge that you are compiling a case to get the original CCJ set aside (this is another issue completely !!), this may not have any bearing on the charge hearing though.....

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I'll also say that not making payments after a CCJ and getting it thrown out could be difficult, but judges will in this climate and with direction from above, normally be sympathetic with home owners, especially if it is a family home.....however, they may not be sympathetic enough to NOT allow the other side to add costs....certainly if it was me I would raise the fact that you are looking into a dispute, BUT if you can show the judge that you are genuinely looking into it or have already disputed it that could be at least a bit of help in getting the judge on your side even more....

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Mr42man

 

This is all very confusing for me; I seem to be going round in circles because I do not understand any of it.

 

Firstly, let my say, somewhere along the line my defence seems to have gone tits up, so, I’ll try and explain as best I can.

 

Interim order applied for > offer rejected > CCJ granted > redetermination letter received > applied to have CO set aside, now, somewhere along the line as well as applying to have the CO set aside something else should have also been applied, what I don’t know, but because a defence was submitted within 16 days, no N244 or fee is required.

 

Does that make sense so far?

 

(I'm going to attempt to undertsand this process even if it kills me)

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Hi Greenbach - i am also sooo confused as to what the system is.

I sent the cpr request the other day and that's about as far as i've got. I will call bradford monday to ask for a transfer and explain that i've requested info from OC.

Also want to get the ccj set aside if they can't provide me with a valid cca. So maybe that could be done all at once!

Here's hoping!

Lisa x

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One thing you mentioned earlier is that your boss lent/gave you £100k to obtain the property, this would certainly give them a vested interest in the property as far as the courts are concerned.

 

As I mentioned in an earlier post, you could still use the unfair advantage defence, or more to the point, your boss could object to the C/O on the grounds of unfair advantage.

 

if this "debt" with your boss is formalised, ie. a written contract with terms and repayment schedule etc. even without any expectation of repayment on either part ( a paper exercise if you will)

 

your boss would then be in a position to oppose the CO on the grounds of unfair advantage.

 

Your boss could effectively, and a lot riskier, even go one step further by seeking a C/O against your property themselves (but hopefully) not enforcing it. This would need to looked into as it may carry with it implications regarding future remortgaging etc, but it would greatly reduce any available equity in the property and make the prospect of a C/O a much less attractive option to any creditor

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Whatever else you do, you must go to the Court on the day to argue your case.

I went some time ago with several points to argue my side of the case. Because i was present in Court, the Magistrates asked the Plaintiff a few searching questions to which the Court didn't like the answers.

The result was that the case was dismissed without me even saying a word.

Had I not gone there, the case would have been heard in my absence and rubberstamped.

 

Lisa when the Court papers were sent to you they would have included a section where you could apply to have the case heard in your nearest Court.

I suggest you speak to the Court on Monday to see if they will change the venue or adjourn it so that they can hear it nearer to you.

Don't be afraid to ring the Court-most of them are very helpful. Just quote the case number to them and they should help you.

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  • 2 weeks later...

Update - sent a letter to the court (Bradford) to ask for a transfer of proceedings but haven't heard anything back yet (hope i'm not too late)!

I've also sent them a copy of the cca request that i'd sent OC to prove i'm still waiting for their response.

Just thought i'd let you all know!

Lisa

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  • 2 weeks later...

Right, got notification it's been transferred to my local but it's for the FINAL charging order! How can that be right? I thought it was the interim that was being transferred?

It's for 2nd March so what do i do now? It's only allocated 2 minutes! Still not rec's anything from OC that I have requested.

Do i now go for the set-aside?

Please advise - many thanks

Lisa

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Was the bosses loan secured as a charge at the land registry?

 

Have you got a copy of the consumer credit agreemnet this CJ relates to?

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Right, got notification it's been transferred to my local but it's for the FINAL charging order! How can that be right?

Lisa, I think you'll find the hearing is to decide whether or not the "Interim Charging Order" should be made "Final" or not, I'm in the same position, I have a hearing soon based on whether or not my "Interim Charging Order" should be made final.

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Then I think you should request the CCA and default notice under Disclosure giving the 14 days. If they don't comply then make application for disclosure and ask for a stay in enforcement proceedings untill the have complied with the order

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

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You could do that under a CPR18 request, it's free of charge apart from the postage £4.60 via special delivery.

 

 

Agreed but then you can't at the same time request a stay on enforcement proceedings (i.e. charging order hearings) while waiting for the Claimant to comply can you?

 

It would be prudent to know whether they have enforceable CCA and valid default notice prior to application to set aside if possible.

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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It would be prudent to know whether they have enforceable CCA and valid default notice prior to application to set aside if possible.

The CCA request & DN notice are included within the CPR18 request, so, if they fail to produce it (as they have with me) you could then inform the court they are preventing you from filing a defence.

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The CCA request & DN notice are included within the CPR18 request, so, if they fail to produce it (as they have with me) you could then inform the court they are preventing you from filing a defence.

 

 

Sorry I thought that the Claimant had already obtained judgment here and that lisaf was concerned about a final charging hearing and possibly obtaining either a set aside of judgment on grounds of real prospect of defending the claim or alternatively obtaining a declaration under s.142 CCA 1974 that the agreement in question is unenforceable.

 

However you have just advised me that I was wrong to think this and that in fact she is wanting to file a defence. I hadn't realised that she had only just received the claim form and has time to file a defence................... apologies for misunderstanding the situation. I would only advise what I have said earlier if the facts were as outlined above.

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You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Sorry I thought that the Claimant had already obtained judgment here

The claimant has obtained judgement, but it's judgement by default i,e an Interim Charging Order.

 

I'm still in my puppy stage on this site so my expertise is very very limited, but I think Lisa is in the same position as me.

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The claimant has obtained judgement, but it's judgement by default i,e an Interim Charging Order.

 

I'm still in my puppy stage on this site so my expertise is very very limited, but I think Lisa is in the same position as me.

 

 

Then I would advise the above for both of you.

 

The important documents are the CCA & the Default Notice. If the CCA is unenforceable then I would go for a Declaration under s.142. However if CCA is valid but the Default Notice is invalid then I would go for set aside of CCJ.

 

It is important not to be wrongfooted by the Creditor at the court hearing for set aside if eg they suddenly produce documentation which you won't have had the opportunity to have examined for unenforceability and validity.

 

Several times creditors who haven't had satisfactory paperwork (I can only assume) have discontinued their claim prior to final charging hearing.

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Thanks so much Guys. Do you have the template for the dec under s.142?

What if they don't send the agreement or DN within the 14 days? Can i construct my set-aside on that alone - the fact that they haven't replied?

Thanks again

Lisa

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Sorry - but is that the one i have already sent as per post 15?

Yes, maybe someone with more expertise could advise you on whether you could send this:

 

For the Attention of the Case Manager

In the matter of

 

Claim Number

 

In My Local CC

 

My Address

 

Dear Sir or Madam,

 

RE: FAILURE BY CLAIMANT TO PROVIDE INFORMATION

 

I would like to inform the court of some difficulties that I am experiencing with the above claim which may prevent me filing a fully particularised defense and counter claim to this action, and may consequently frustrate proceedings.

 

On [XXXXX] I sent the claimant a formal request under the consumer credit agreement, for account. I requested a copy of the credit agreement, a statement of account, and copies of the relevant terms and conditions. I have still not received this information.

 

On [XXXXXX] I also sent a CPR18 request for the claimant to send me information in relation to their claim, that I consider is vital in order to produce a defense and counter claim.

 

I enclose copies of my requests together with proof of postage and proof of delivery to the claimant, and ask that the court consider the matter and take any action it deems appropriate.

 

Enc:-

Letter requesting CCA

Proof of postage

Proof of Delivery

 

Letter requesting disclosure CPR 18

Proof of Postage

Proof of Delivery

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